SUPPLEMENT TO THE PLYMOUTH AND STONEHOUSE
JOURNALThursday August 2nd,1855

The Court was opened at nine o'clock this morning,
and the jury proceeded to try Edward
Rawle , 34, master of a ship, who was charged
on the coroner's inquisition with the manslaughter
of Eliza Hallet, at St. Keverne. The Court was
densely crowded during the trial, and considerable
interest appeared to be felt in the proceedings.
Serjeant Kinglake, Mr Collier, QC, and Mr
Coleridge were counsel for the prosecution;
attornies, Messrs. Eastlake, of Plymouth, who were
instructed to prosecute on behalf of the Treasury.
Mr. Slade, QC, and Mr. Kingdon defended
the prisoner. The prisoner was accommodated with a seat
during the proceedings, and appeared to keenly feel the
position he was placed in.

Serjeant Kinglake addressed
the jury. He said, the prisoner at the bar is charged
with the serious offence of manslaughter, and the
charge is brought before you under circumstances which
require your serious consideration.

The charge is not only a serious one to the prisoner,
but is serious to the public generally. I shall perform
my duty by laying before you, in as clear a manner as
possible, the facts of the case. I shall state to you
the law bearing upon this case, and his lordship will
tell you how far I am right, and you will be then
called upon to give an opinion whether the death of the
deceased was caused by the prisoner's want of
judgement, or skill.

It is the duty of a captain or commander of a vessel to
properly pilot his and to see that his orders are
carried out, and if by want of skill or judgement he
causes the death of a fellow-being, he is open to the
charge of manslaughter.

I apprehend the law to be this, that if an individual
fills an office or executes any employment, he is bound
to provide proper skill in the discharge of his duties.

The master of a vessel must be a competent pilot, but
when I say that, I do not mean an extraordinary but a
common pilot; and if by the want of common ability he
occasions the death of another, he is criminally
liable, again, if he gives orders and does not see them
properly executed, and mischievous results should
follow, then he is equally responsible, because he has
been negligent of his duty.

I will call your attention to the facts of the case,
and from the witnesses for the prosecution will be
shown how far I am right. On the 3rd of May last, the
prisoner was the master of the barque John, 468 tons
register, on the afternoon of which day she sailed from
Plymouth for Quebec.

On board that vessel were 260 steerage passengers
principally composed, as I have been told, of mechanics
and labourers with their wives and children. There were
also on board five cabin passengers of a superior
character.

The crew numbered nineteen, including the master.

The vessel sailed about four o'clock in the
afternoon. The wind was N.M.W., and was very fair, and
there was nothing to prevent her going on her course.
When she left, Andrew Elder was the steersman, and he
will tell you that he steered her westerly until about
seven o'clock. He was relieved by a person named
Rowe, and he received instructions from the captain,
through Elder, to keep in the same course. Rowe did not
remain long at the helm, but was succeeded by a person
named Bennett*, who was told to
proceed in the same direction.

She was not so steered, and, in point of fact, the
vessel was continued on the westward course.
Bennett* was relieved by a person
named Venning who was succeeded by another person named
Curry, and you will find the from the time she left
Plymouth to the time of her striking the Manacles
Rocks, she was steered by five different persons.

The captain was on deck during the whole of the time,
and it will be important by and use what are his
duties. It is his duty to superintend the steering of
the ship, to direct the courses, and if he does give
any orders, they are imperative, and it is his duty to
see them carried out.

There was the compass and a number of people under his
charge and he was compelled to superintend the sailing
of the vessel; and when a direction is given it is his
duty, in point of fact, to see it carried out.

When Venning gave up the helm to Curry, the latter was
given certain directions. I will not say what those
directions were, because they will be detailed to you
by the witnesses themselves, thus preventing your minds
from being misled. It will appear that he gave certain
directions o Curry, which wound denote that her head
was to be kept to the south. He gave some directions to
him which he continued, and about five minutes
afterwards she struck on the Manacles Rocks, St.
Keverne.

I believe it will appear before you the water was calm,
and that there was light enough to see land all the way
down. I have heard that the weather was hazy, but I
believe that the witnesses will tell you that there was
nothing in the weather which would have any connection
with the disaster. When she struck she was what is
called "tailed off", and after proceeding a
short distance, she struck a second time.

At that time it would appear the tide was receding, the
passengers thronged the deck, where they found the
captain. They there asked him to launch the boats, but
he told them that they should wait until the morning,
and then all would be right. He was pressed, and he
said he supposed they knew better than him.

Soon the tide began to rise, and the crew and the
passengers began to see the awful position in which
they were placed, and they again called upon the
captain to launch the boats. This is another question.
I apprehend that it is the duty of the captain when
place in such a position to endeavour to save the lives
of the passengers, and the opinion is that the prisoner
is culpable throughout. The orders he gave he did not
see executed; the course he took was a wrong course,
and the vessel having gone on shore, it was his duty, I
say, to superintend the handling of the passengers.

He appeared to show want of skill and judgement prior
to the disaster in not properly piloting the ship, and
after the ship struck, he again betrayed a want of
skill and ability in providing for the safety of the
crew and the passengers.

When the passengers found that the tide was rising
rapidly upon them they went to him and implored him to
launch the boats, and the reply was that he would not
give any order for the launching the boats, because he
did not know the coast.

Gentlemen, this being the state of things, soon, I am
told, the sea began to rise, and it was not so calm as
before. The women and children were on the poop of the
vessel, and the crew in the rigging, the captain with
them, while the ship lay at the mercy of the waves. I
shall prove to you that the women and children were
swept away from the poop sometimes a dozen at a time,
and so this melancholy state of things continued until
four or five o'clock in the morning, when boats
from the shore came to the wreck and received those who
are living.

To show you the serious importance of this case I will
tell you that 190 poor souls met their death on this
occasion, who were chiefly those who crowded the poop.

There were not I believe any men there.

Now, gentlemen, I come to the facts which affect the
captain, and, after the examination of the witnesses,
you will have to perform your duty whether the case is
made out or not, according to his lordship's
directions.

About two o'clock a boat was launched from the
vessel and five of the crew got into her, the captain
included. Let it not be supposed that the captain was
going to leave the wreck at this time. I will not say
that, but you must draw your own inferences from the
circumstance. The boats were launched without any oars.
- (Mr SLADE: There were two oars) - but before she
left, the captain returned to the ship. Throughout the
instrumentality of the crew in that boat, many of the
passengers were saved by their giving some information
to the coast guard men of the neighbourhood, who sent
boats from the shore to the rescue of the unfortunate
passengers.

The weather at the time had become very bad. On that
night the wife of a passenger of the ship was drowned,
and having been subsequently washed on shore, was
identified, the captain was committed to take his trial
on the coroner's inquisition for having caused her
death.

There was a long boat on board, but which, however,
could not be used because there was a hole in her. The
life boat was launched, and she was also rendered
useless from some cause or other. The other boat
remaining on board was the launch, and the witnesses
will tell you the captain's reasons for not
launching her. I believe there can be little doubt that
if the captain had superintended the launching of the
boats and endeavoured to prevent the confusion on
board, that a large number of the passengers might have
been saved.

There were not enough boats on board to take all the
passengers on shore at one time, but the weather when
she first struck was calm, and the distance from the
shore was not far.

As I said before a captain of a vessel must be
ordinarily skilful when the lives of passengers are
entrusted to him, and if he is not and causes the death
of another, he is criminally responsible.

The death of Eliza Hallett there can be no doubt was
occasioned by the captain not possessing the proper
qualifications for the master of a vessel. I have one
remark further to make to you. I shall prove to you the
actual course the vessel took after leaving Ramehead to
the time she struck. The witness will tell you that the
course taken was wrong from the beginning to end, and
the consequence was that she was wrecked on those
rocks. The witness will further show that in piloting a
vessel from any port to port, say from A to B, you must
give certain allowances for a variety of matters.

The weather on the night in question was so calm and so
fair that it could not be considered more than an
ordinary coasting voyage, and in passing down the
channel it is absolutely necessary that the Lizard
light should be kept in view; but if you
"hug" the shore, you shut out the light, and
your position is then very dangerous. These are the
general facts of the case.

The witnesses will be called before you, and if it lies
in my power, I shall be happy to render the prisoner
any assistance which may be consistent with my duty.

The first witness was William
Goodwin, who was examined by Mr. Collier.

He said, I was the first mate of the John, who was
examined by Mr.Collier. He said, I was the first mate
of the John, emigrant ship. She was a bark of 465 tons
register, and sailed from Plymouth on Thursday the 3rd
of May, about four o'clock in the afternoon, for
Quebec. The crew numbered nineteen including the
prisoner who was the captain, and myself. I was the
first mate of the ship.

There were some cabin passengers on board but I
don't remember how many. She had a considerable
number of steerage passengers.

When we started the weather was moderate. The wind was
about N.N.W. I was on deck when she left Plymouth, the
captain was also there. Andrew Elder was the man at the
helm. I stayed on deck until about half-past eight. I
was on deck the whole of the time I have mentioned. I
do not know who succeeded Elder at the helm. The ship
proceeded all right around the Ramehead, which was the
first headland after leaving Plymouth. (Mr Collier here
handed his lordship a chat). I remember her coming to
the Deadman Point, which is the next principle point.
When she got there it was eight o'clock. She was
about four miles off it. A little after half past
eight, I looked at the compass.

When the captain is on the deck he has charge of the
vessel, and if the captain goes below the watchman has
the charge. If the captain had been on deck and I had
been on the watch, I should not have had charge of the
ship as regarded her steering. About half past eight
her course was W.S.W. I left the deck at that time.
When I went down the captain and second mate were
walking the deck, and the captain said now "Mr
Goodwin we are steering W.S.W".

I looked at the binnacles and found that her head was
west and by S half S. That is half a point more to the
westward than W.S.W (witness afterwards corrected
himself and said he did not look at the compass but
Curry told me she was going W.S.W., and subsequently he
looked at the compass and found she was going
half-a-point differently.

I partly undressed and turned in my hammock. Before I
went to sleep I thought I heard a pulling of the rope
or trimming of the sails somehow. I was awoke by the
vessel striking. It was about ten o'clock or after
at night. I felt the shock and thought at first she had
come into collision with another vessel; my berth was
in the cabin of the deck. I got out immediately I saw
Elder. I asked him what was the matter. He said she had
run on the Manacle Rocks.

The captain was on the round house ladder. It was hazy
but I could see the "loom" of the land. I
could not estimate the distance. There were a great
many passengers on deck. I ran below and found a great
deal of water in her, and I lighted the lamp to assist
the passengers. I ran to the wheel and found the rudder
was gone. I sung out to the captain that the rudder was
gone and gave orders to trim the yards and run her on
shore.

She ran towards the shore to about 400 yards, and then
she got aground and the captain the ordered the port
anchor to be let go. That was soon done, and in my
opinion it was then about low water.

Soon after she first struck there were about five feet
of water in her hold and when she struck the second
time there were eighteen inches of water on her deck.
Her deck was covered with water, and the poop was about
five feet out of the water. the captain then gave
orders to lower the boats. The quarter-boat was the
first lowered. It was a small boat and would contain
about fourteen persons. There was only one whose name I
know got into the boat, which was Curry. There were
five in the boat in all. I could not se whether the
captain got in or not. The boat was hanging alongside
by the painter, but a very short time. The painter of
the boat parted, and she drifted away, and I did not
see her again.

We then went to try to get the life-boat out. I did not
hear the captain give but one order about getting the
boats out, and that was when the vessel first came to
the place where she struck. The quarter-boat having
drifted away, I went to get out the life-boat. We stove
her in getting over the rail which rendered her
useless. I saw Rowe, Curry, and Andrew Elder, and four
or five others help to get out that boat.

We then attempted to get out the long-boat, and the
captain told us that we had better leave it till
daylight. The long-boat remained in the tackle. She had
been on the deck but we were rising her, and then the
captain said that we had better leave her till morning.
When we left her she was a little way from the
"chocks," and she no longer rested on the
deck. She afterwards settled down on the chocks, and as
the tide and the sea made she was swept away. It was an
hour at least afterwards that she was swept away. If
she had not been lifted she would have been more
secure.

We had a pinnace on board, but I don't know what
became of her. I suppose the long-boat would carry
about thirty-five, the life-boat about thirty, and the
pinnace from sixteen to twenty. The captain then gave
me orders to go aloft and stow the sails; we did so. I
believe it was low tide when she grounded, and when we
cam down from stowing the sails the water was over the
main deck.

A number of the passengers were on the rounding-house
deck, and some were in the mizen and main rigging.
There were men, women, and children on the round- house
deck - the greater part of the children were there.

The tide was then rising and continued to rise.

I was then on the round-house deck myself. I remained
there till almost daylight in the morning. That was
about half-past three. I left the round-house deck and
went to the main top, apprehending that the sea would
break her in two. There were then about twelve or
thirteen feet of water on the main deck. The
round-house deck kept moving up and down, and the waves
continually washed over it. I saw numbers of people
washed away from there. The mizzen boom gave way by the
"guys" breaking. The consequence was that all
were swept away but myself and I remained alone -
women, children, and all, indiscriminately, were washed
off. I kept my hold by some ropes, and that prevented
my being washed away. I was there for some time and was
joined by two others, but I don't know what became
of them. I contrived to get across to the main rigging
where there were a number of passengers.

I did not se the captain until I got in the main top.
He was then on the starboard side of the main top. I
last saw him when I came down from stowing the sails.
He was then on the main deck up to his knees in water.
At that time the long-boat had not been washed away. I
did not hear him after that give any orders. I remained
on the main top till I was taken off by the boats from
the shore. I was a good bit after daylight that the
boats came there. The captain and the crew were all
saved.

The vessel did not make any signals of distress that I
saw. I saw no guns, or rockets, or bluelights on board.
Cross-examined by Mr.SLADE:

I had orders to get all the boats out. I have been two
voyages with Captain Rawle to Quebec, and then as far
as I saw he was a good sailor and thoroughly up to his
work. The owners and the passengers appeared to be well
satisfied with him.

The John was at Cardiff about two months repairing. She
had a new kind of compass there, which was the one on
the binnacle that I have referred to.

We left Plymouth between three and four o'clock. We
were an hour and a half in rounding the Ramehead. The
tide flows in the channel three hours later than in the
harbour. That being so it was a judicious course to
take to steer to the west, after passing the Ramehead
regard being had to the tide. When we started it was
N.N.W. the wind was as close as we could go when we
started. It was judicious and proper to steer due west
because the captain carried the ebb tide with him. It
was a very hazy night. It was not possible to see the
Lizard light that night.

The Lizard is about fifty miles from the Ramehead. I
don't think the Lizard could be seen more than
twenty miles during any fine weather, and impossible in
such a night as this.

It was such a night that it was necessary to steer by
the compass. The course ordered was a judicious one. I
saw no snow that night. The course if properly attended
to would have taken her six or seven miles clear of the
Manacles Rock.

At half-past-eight the course was W.S.W., and that
course if it had been followed would have taken her
clear of all danger. The next minute I might have found
her half a point different. There is no merchant ship
that can steer to half a point. I have seen one sea
heave them five or six points from their course. Q. Can
a man have his eye always on the binnacle?
Mr.COLLIER objected to the question
being put.
Mr.SLADE observed that he thought
the learned counsel (Sergt. KINGLAKE) intended to
assist him.
Witness: The captain can't
always keep his eye on the binnacle. When I came again
on deck after sleeping it was "hazier" than
when I went below. After she struck the order of the
captain to run her on shore and to trim her sails was a
judicious course to follow. Also his having the anchor
thrown out when she grounded. Up to that time all that
the captain had done was what a good seaman would have
ordered. The captain gave orders for all the boats to
be lowered. The sea was then running very high, which
was the cause of the painter being broken. As a
practical seaman in my opinion it is the best course to
adopt, not to allow the last boat to be lowered. In my
judgement had the boats been launched, and the
passengers got into them, they would have been in
infinitely greater danger than they were then in. The
sea was then getting up.

It was more than an hour between the time the prisoner
gave orders for the lowering of all the boats and the
directions that the last boat should not be lowered
till daylight. I did not hear him say when he gave the
last order that he had already lost two boats. The
captain's order to furl the sails was a prudent
course. The object in stowing the sails was to save the
masts from going overboard. I urged on the passengers
over and over again the necessity of getting to the
rigging. I urged it, I should think, at least twenty
times. I did not hear the captain give such an order.
The boom took the greater number of passengers
overboard. I do not know that the captain saved the
life of a child by going into the rigging. It was the
Coast Guard boats that came alongside the ship.

Had the passengers gone into the rigging as I advised
them, the greater part of them would have been saved.
Those who were saved were those who were in the
rigging. I left in the next to the last boat. The
captain left about the same time. There were three men
in the rigging when he left. They might have got down
by some exertion. They were, however, ultimately saved.

When I was taken on shore the sea was very rough and we
could not be landed till a grapnel was put out, and
when we landed there was not half the sea that there
was in the middle of the night. Had the people
attempted to be landed in the middle of the night they
must have been all lost. I was hauled up by a rope. The
captain acted very prudently in not allowing the
passengers to land in the middle of the night.
Re-examined by Mr.COLLIER: The
quarter-boat which was launched reached the shore.
There was a cross-tree in the rigging that would have
held sixteen or eighteen people.
Mr.COLLIER: Have you spoken to the
prisoners attorney (Mr Preston Wallis) on this subject?
Mr SLADE objected to such a question
being put to the witness.
The JUDGE thought Mr.Collier should
put his questions in a different manner.
Mr.COLLIER to witness: Have you seen
the attorney for the Captain?
Witness: I saw him yesterday.
Mr.COLLIER: have you seen him more
than once?
Witness: yes; yesterday and the day
before.
Mr.COLLIER: Where did you speak to
him?
Witness: In his office.
Mr.COLLIER: Oh, you have been in his
office.
The JUDGE: You have no right to
question the witness in that manner. You have no right
to say to him "oh, you have been in his
office." You must confine your questions to the
case in the criminal charge.
Mr.COLLIER: Well, my lord, I will.
Did you have any conversation with him?
Witness replied that he had. Mr
Wallis asked him what the state of the wind and the
weather was.
Mr.COLLIER: Did he ask you some of
the questions that my friend Mr.Slade asked you.
Mr.Slade objected to the question
being put, but the Judge over ruled the objection, and
Mr Collier pressed for an answer. The witness replied
that he did not recollect it. In reply to other
questions put the witness replied that he went to
Mr.Wallis's office once, with Noble, a Plymouth
pilot. On this occasion Mr.Wallis did not ask him any
questions. The pilot was not questioned in
witness's presence. Witness was sent for to go to
Mr.Wallis's office. Could not say whether Mr.Wallis
asked him if the Captain gave the proper order after
the vessel struck. Witness was not a certified mate,
but had a certificate of service.
Mr.COLLIER: you have stated that the
captain did everything that a captain should have done.
Do you mean to say that striking on the Manacle rocks
was a proper course for him to have taken?
Mr.SLADE here rose and put it to the
Judge whether it was a proper question.
His HONOUR thought that it was not.
Mr.COLLIER: You have said that the
captain told you when you went below that the
vessel's course was W.S.W., and you looked at the
compass and found that her course was half a point
different. Was that a proper course?
Witness; She was half a point out of
her course.
Mr.COLLIER: Supposing she had gone on
that course would she have cleared the Manacles?
Witness: She would have gone clear of
the Manacles by six miles by that course.
Mr.COLLIER: Then by striking on the
Manacles there must have been some alteration to her
course?
Witness: Yes, or the compass must
have been wrong.
Mr.COLLIER: But would not the compass
have shown the difference in her course?
Witness: Of course it would,
supposing it to have been right.
Mr.SLADE said this was a very serious
case, and therefore he thought Mr.Collier out of order
in putting such questions to the witness.
The JUDGE saw no reason why
Mr.Collier should not put such questions.
Mr.SLADE: I never saw a witness
examined in this manner - and your own witness too.
Mr.COLLIER (laughing): A witness that
has been in your attorneys office. I will now ask this
question which his lordship has given me permission to
ask. Were the tide and the wind taken into
consideration in passing down the channel.
Witness: Yes, of course.
Mr.SLADE: Well I shan't object to
anything after this - (laughter).
Mr.COLLIER: I'm very glad of
that.
S then put the following question to
the witness through the Judge. When the Deadman point
was made was the distance from the shore a safe one?
Witness replied that it was.
The JUDGE: Could the passengers have
landed had the captain allowed them to leave in the
boats on her first striking?
Witness: No.
JUDGE: Was it dark when the captain
gave a general order to get out the boats?
The witness replied that it was.
JUDGE: But there was no sea at the
time to prevent the passengers landing?
Witness: We could not see to land.
The witnesses had been ordered out of
court previous to the commencement of the case; but
Sergt.Kinglake had asked his lordship to allow Captain
Lory to be present as he was a scientific gentleman,
and it was important that he should hear the evidence
of the next witness.
Mr.SLADE objected, but his lordship
saw no reason and he was therefore called in.
Andrew Elder was then called
and examined by Mr.Coleridge. He said, I was an able
seaman on board the John. I was at the helm when she
left Plymouth and took her out of the Sound. I left the
Sound at about seven o'clock, and she was then
abreast of Fowey. When we came out of the Sound the
wind was N.N.W., but came round to the north, rather to
the east. After leaving the Ramehead the course was
westerly. The Capt. was on the poop several times and
gave me the west course to steer. He came up to the
wheel several times. I kept a due west course till I
left the helm. She was then going when I left the helm
about seven knots an hour. After leaving the helm I was
employed to clear the deck. About eight o'clock the
captain ordered me to "take a pull of the spanker
out hole". That was done to make the sails stand
better. About eight o'clock I looked at the compass
and the ship's head was then about west, but it
might have been half west or half south. The ship at
that time was about three miles from the Deadman. The
Deadman was then bearing right a beam and the
ship's head west. I went below about nine
o'clock. I could then see the Falmouth light. It
was about two points abaft the beam. I only took my
coat off and about an hour afterwards the ship struck.
When I went below I should suppose the Falmouth light
about five miles distant. When she struck I went on the
deck and found she was on the Manacles rocks. I found
people were then bracing the yards so that the ship
might run on shore, and I went to assist them. She then
proceeded towards the shore and some went to get out
the life-boat. I did not see the captain go to the
quarter boat. I helped to get out the life-boat, but I
don't know who ordered it. There was so much
confusion on board that we could scarcely move along
the boats. I heard the captain say when the last boat
was about to be lowered that it had better not be done
until the morning. I thought it was better to get the
boats out, but I can't recollect that I told the
captain my opinion. One of the boats was stoved in upon
the deck. The captain said to me that the vessel was
aground and he ordered me and others to furl the sails.
This was done. The main deck was flooded about two
hours after the sails were furled.
Cross-examined by Mr.SLADE: it was
very hazy on the land, but not a very thick night. It
was not as thick as a "hedge". I have seen
many a thicker night. It was a very deceiving night,
and no moon could be seen. It was a revolving light
that I saw two points abaft of the ship. Falmouth light
is a revolving light, but the light I saw might have
been a ship's light. When nearly abreast of Fowey
the course was due west. I believe I steered my proper
course. When off the Deadman the course was then west.
I do not know what became of the parties who left in
the quarter-boat. I believe they landed at Coverack. I
saw two people go off in the life-boat and I understand
that they were drowned. I did not hear the captain say
that he had lost two boats already and that he would
not allow any more to be launched. He might have said
it, but it was all confusion on board.
Re-examined by Mr.COLERIDGE: I could
see the land quite clear as long as I was steering.

William Rowe examined by
Serjeant KINGLAKE: he said I was seaman on board the
John. I took the wheel about half past six or seven,
which was after Elder gave it up. I continued steering
till about eight o'clock. Elder gave me the course
to steer. The course he gave was west. I continued that
course for a little while. I saw the captain whilst I
was steering and he told me to keep her west-southerly.
That means that I was not to go north of the west. I do
not know how long that was after Elder gave me the
course. Elder was near the helm almost all the time. He
only gave me one direction which I followed. I gave up
the helm to Bennett* about eight o'clock.
Cross-examined by Mr.SLADE: It was
hazy during the time that I was at the helm. There was
no sleet when I was at the wheel, but I saw some after
she struck. West-southerly means quarter of a point
south of west. I landed in the boat in the morning on
the cliff. I had to go up about forty of fifty feet by
a rope. I heard the captain tell the passengers that
they had better get to the rigging. I heard him give
the directions once. I went to the rigging myself. It
might be two hours after she struck. I do not think
that the passengers could have landed had they left in
the middle of the night.
Re-examined by Mr. Serjeant
KINGLAKE: The wind was northerly. When the captain
requested the people to go to the rigging there was
water on the deck. I do not know whether there were
other landing places.

Edward Venning examined by
Mr.COLLIER: I was one of the crew of the John. I
relieved Rowe, and remained at the helm about a quarter
of an hour. I took my orders from Rowe. The captain was
walking the deck. He walked up and down the binnacle. I
could see the land all the time I was steering. After I
left the wheel I went below and know nothing more till
she struck. Rowe gave me the course west southerly. I
handed the vessel up to Curry. It was very hazy off the
land, I could see the "loom" of the land as
far. As I could judge he was acting very skilfully. I
heard the captain say it would be safer to keep the
long boat till daylight, because the other two boats
were gone. The long boat was all that we had left. I
heard the captain several times entreat the passengers
to go up the rigging. I saw the captain on the main
top. He had a child with him and he was endeavouring to
save it. When the boats came off, the captain, the
mate, and myself, assisted the children into the boats
- the shore boats. There were two boats from the shore
alongside at the same time. When the captain left there
were only three men remaining in the rigging. I have no
doubt that had all the passengers got into the rigging
they might have saved themselves. The children that
were saved were handed down to the boats with great
care. I have been at sea six years. I have not made
that passage to Quebec and never left Plymouth before.
Re-examined by Mr.COLLIER: When the
captain said that the long-boat should not be launched
the boat was then in the tackle. The greater portion of
the passengers were lost from the poop deck. The sea
dashed over it at times. West southerly means nothing
in the north.

James Curry examined by
Mr.COLERIDGE: I relieved Rowe. The course was then
west. After a few minutes the course was altered to
west half south. The captain told me to alter the
course. I could not see how far we were from the
Deadman then. I kept that course about ten minutes; it
was altered to W.S.W., which was also by the
captain's order. That course was taken about an
hour and then to the S.W., which was also by the
captain's order. She was kept on that course till a
very few minutes before she struck. The captain was on
the poop when she struck. I saw a revolving light on
the starboard quarter a few minutes before she struck.
I could see the land very plain whilst I was at the
helm. I was knocked down when she struck and I heard
the captain say "man the boats and lower
away". I got hold of the after tackle and I got
into the boat. I saw the captain get into the boat. He
was the first to get in. when we got down close to the
water he desired us to hold on, and then he went on
board again. The boat then slewed right round. The boat
had no trowels but had paddles. We skulled her,
however, down and landed at Coverack. We held up the
grating of the stern sheet for a sail. The wind was
blowing fresh when we got on shore.
Cross-examined: The captain told me
to stop lowering the boat in order that he might get
back to the ship. It was a little hazy off the land,
but not to the sea. I did not hear an apprentice say
that a light was held up for us to return to the ship.

The jury here retired for ten
minutes and on again returning the next witness was
called.

Captain William Lory,
examined by Mr. Serjeant KINGLAKE: He said I am a
commander in the Royal Navy. I have commanded vessels
from Plymouth Sound to the Lizard light for many years.
In taking the departure from the Rame Head, which may
be considered the first point, I should take my course
west by west nothing west. That would take me four or
five miles westward of the Lizard. I should take my
bearings from every head-land and remarkable place as I
passed it and refer to the chart. I know the Lizard
light perfectly well. In keeping the Lizard light in
sight you must pass clear of the Manacles. As a matter
of navigation or prudence a person ought to sight them
in order to keep clear of the Manacles. In coming round
the Rame Head you ought to keep the Lizard right in
view. If you lose sight of the Lizard in clear weather
you are in danger, because you might be too near the
land, and be in danger of going on shore, if you
steered westward. The Blackhead point shuts out the
light of the Lizard. I heard the evidence of the four
helmsman - Elder (whose evidence was very good), Rowe,
Venning sand Curry. I attended to the course as given
by the men to-day. That course was decidedly wrong. I
have heard the quarter from which the wind was blowing.
Supposing the course to be followed as the helmsmen
were directed, it would have brought her on the
Manacles. I have collected that from the evidence of
the witness. You must take into consideration the wind
and the indrafts into the bays. The wind being on the
quarter would have an effect of edging her a little in
the windward of her course, and that would cause her to
be wrecked on the Manacles. I commanded the Express
from Falmouth to Brazils. I have not been to sea for
six years. I commanded packets from Falmouth for nine
years. We always landed our mails at Falmouth and then
proceeded to Plymouth to refit before the next voyage.
I have not commanded a ship from Plymouth direct to
foreign station.
Mr.SLADE: Have you taken great
interest in this matter:
Witness: I have not taken more
interest than any other person under the circumstances.
Mr.SLADE: Have you not said that the
wind to the quarter, and the course being due west,
would bring her on the Manacles.
Witness: Yes
Mr.SLADE: I suppose you would keep W.
and by S. from the Rame Head.
Witness: Yes, that would be my
steering.
Mr.SLADE: Supposing the wind to be on
the quarter, and the wind edging, would that not bring
her on the Manacles?
Witness: No, you have plenty of room
if the vessel was edged two or three miles from her
course.
Mr.SLADE: And then supposing you
can't see the Lizard?
Witness: I should then decidedly
sound. A person must judge where he is by sounding.
Mr.SLADE: That is when you are making
the land?
Witness: Yes, and when you are edging
by the land.
Mr.SLADE: Do you mean to tell me that
the lead is kept going in merchant ships?
Witness: Yes, and a person would not
do his duty if he did not occasionally use the deep sea
lead.
Mr.SLADE: What! In merchant ships?
Witness: Yes
Mr.SLADE: Do you not know that that
is an Admiralty regulation, and does not apply to
merchant ships?
Witness: Every person.
Mr.SLADE: You must answer my question
yes or no.
The witness again proceeded to offer
an explanation when
Mr.SLADE said: You shall answer my
question if you remain her all night. He then repeated
the question.
Witness: It should apply to every
vessel.
Mr.SLADE: That is not my question. Do
the coasting vessels use the lead?
Witness: No vessel should be within
ten miles of the shore without soundings.
Mr.SLADE: Would it be right to sound
within five miles of the Deadman?
Witness: No; it would not be
necessary.
Mr.SLADE: Do you mean to say that a
vessel going seven knots an hour can take soundings in
thirty fathoms of water?
Witness: You can take it with the
deep sea lead, but not with the common lead.
Mr.SLADE then put the following
important question:- You will please take the chart
(handing the witness a very large one,) and we put
ourselves at eight o'clock four or five miles off
the Deadman, and the Ramehead having been passed a mile
and a half distant, steering west southerly, the ship
continuing seven knots an hour, where would she be at
ten o'clock?
Witness was understood to say about
twenty yards outside the Manacles.
Mr.SLADE: Draw a line a mile and a
half from the Ramehead to a point opposite the Deadman;
where would she be at a given time?
Witness: Steering six miles off the
Deadman
Mr.SLADE: If she stood due west going
seven knots an hour, where would she be in twenty
minutes?
Witness: It would give her about two
miles and a quarter.
Mr.SLADE: I will now give you ten
minutes west half south.
Witness said he had marked it off.
Mr.SLADE: And now take it W.S.W. for
an hour.
Witness after a minute or two said he
had also done that. A similar question was put for him
to mark another five minutes course, South West.
Mr.SLADE: That would bring you 41
miles off the Manacles Rocks.
Witness: The wind was blowing from
the shore on the starboard quarter, and you must take
into consideration the indrafts of Fowey, St.Austell
and Polkerris harbours.
Mr.SLADE: How is a person to know the
indraft of Polkerris harbour?
Witness: By experience. The course he
steered was a dangerous one.
Mr.SLADE: According to you I suppose
he ought to have steered southerly?
Witness: No; west by south.
Mr.SLADE: I am afraid your course
would bring you on the Manacles.
Witness: Oh, no, sir.
Mr.SLADE: Do not accidents often
occur which are unaccountable?
The JUDGE: If you do not know, say
so.
Witness: Accidents happen very
frequently.
Mr.SLADE: Don't make yourself a
partizan.
Witness: I am not a partizan, nor am
I prejudiced against the prisoner. I never saw him
previous to this disaster.
The JUDGE: You may mention any
accidents.
Witness: I am not sufficiently aware
of any accidents.
The JUDGE: Then you have not known of
any accidents having occurred without being accounted
for.
Witness was not observed to make any
answer.
Mr.SLADE: What do you mean by the
Great Britain in Dundrum Bay? She left Liverpool and
ran on shore on the coast of Ireland, and that was not
accounted for by any one but you.
Witness: It was carelessness.
Mr.SLADE: Do you think the loss of
the Great Britain was the result of an accident and can
be explained?
Witness: It occurred from want of
good judgement.
Mr.SLADE: And the loss of H.M.S.
Thetis, Captain Sutherland (we believe), with a
quantity of bullion, off Rio - that was unaccountable,
I suppose, too. She was one of your own cloth.
Witness: Yes. With proper care she
would not have been lost.
Mr.SLADE: Then, again, there was the
stranding of H.M.S. Hecla, on a passage from Malaga to
Gibraltar; and the Cossack, near Plymouth.
Witness: Yes, I have heard of it.
There are between 500 and 600 vessels lost every year,
and it is my impression that two-thirds of them are
lost through drunkenness and carelessness.
Mr.SLADE: Then you have a very strong
opinion on the matter?
Witness: Yes, and particularly in
this case.
Mr.SLADE: And then when a ship is
lost you take the strong opinion first.
Witness: Oh, no, sir.
Mr.SLADE: Do you remember the loss of
the Birkenhead off the Cape of Good Hope, with the loss
of nearly the whole on board? Did that make any
impression on you?
Witness (indifferently): Oh, no, sir.
I would have studied the matter before I came into
court had I known you were going to ask the question.
Mr.SLADE: Do you know of any one
being charged with manslaughter for the loss of that
steamer?
The witness returned no answer.
Re-examined by Serjeant KINGLAKE: You
have heard the course she was steered - was that a
right or wrong course.
Witness: A wrong course.
Serjeant KINGLAKE: And to have
brought her, in your opinion, on the Manacles Rocks?
Witness said yes, and he was about to
explain why she got there when he was interrupted by
the Judge, who said he was not called upon to explain
the cause.
Serjeant KINGLAKE: I think you stated
just now that in coming round the Rame Head the course
should be west or westerly; which is the course?
Witness: West by south going down the
channel, and not to the westward.
Some other questions were put to
captain Lory, but they were unimportant.
Mr.COLLIER was then about to call
Capt.Wake, the commander of the Coast Guard in the
St.Keverne district, but Mr.SLADE objected to his being
examined from being in court during the examination of
the witnesses.
The JUDGE said he could not be called
for the above reason - Captain Lory being the only
witness who was asked to be allowed to remain.
Serjeant KINGLAKE: We will not call
him then.
The next witness called was

Michael Stadden, who was
examined by Mr.COLLIER.
He said I am a shoemaker, residing at
Launceston. I was a passenger on board the John. I had
a wife and five children on board, who were all
drowned. I could see the land quite plain. It was a
moonlight night. It was not a thick night. I saw the
captain on the forecastle. I thought the ship was too
near the land, and I went to the helmsman and make some
enquiries of him. I then went below thinking that it
was all right if the captain was on the forecastle. I
went below, and before I had time to undress she
struck. I then ran on deck and the first person I saw
was the captain, and I asked him what was the matter?
He replied that it would be all right. I then went
below and told my wife to dress, and I lighted the only
lamp in the ship. I heard the captain say, "lower
a boat," and he pointed to the quarter-boat. The
boat was lowered and he was the first person who jumped
into it. Two of my children were on the deck. I went
below and left three of my children in bed. When I came
on deck again the captain was there and I asked him if
there was any danger, and he replied "it is all
right, I am with you." I begged him to lower the
boats and he said that he could not, but that we should
be all right. I heard many persons also request him to
lower the boats, and he returned them a similar reply.
He said he was a ruined man, and should not see his
owner any more. The deck of the ship was dry when the
long-boat was about to be launched. The sea was not
rough then, and the people around were quite composed.
I should not have been afraid to go on shore in the
boat. I saw that the tide afterwards began to rise, and
I felt alarmed. I looked about for the captain, but
could not see him. The water was then coming over the
poop, and the sea increased with the tide. I went below
to the captain and said a gun had been fired from the
shore, and he made no reply. I can't describe the
confusion that took place when the tide began to rise.
It was awful. The captain came on deck with a great
coat under his arm. The poor people on the poop could
not have gone to the rigging; it was impossible for any
one. I tried myself, and lost a child in the attempt.
The captain said he was there amongst them, and should
not leave them. A short time afterwards when I was on
the weather side of the ship, I saw the captain in the
rigging. He was in the rigging before the people were
washed off from the poop.
Cross-examined: The captain said we
should be all right." I have been to London in a
steamer. I never heard the captain entreat the people
to go to the rigging. I am certain of that.
Re-examined by Mr.COLLIER: I never
heard the captain give a single order with the
exception of the lowering of one boat.

William Henry Yelland,
examined by Mr.COLERIDGE: I was a passenger by the
John. I was on deck at eight o'clock, and I fancied
I was near the land. I could see it plain. I walked on
deck till about nine, and went below, and about ten I
was awoke by a shock. When I came on deck I heard the
captain giving orders to furl the sails. She then
"forged" off and took ground a second time on
her helm. We were very near the land - about three or
four minutes pull from the shore. She remained very
calm and the sea was not rough till the tide began to
rise. The people went to the poop, and I saw the
captain there, and I asked him to get the boats out, to
which he replied "get them out yourself." I
did not hear him say anything to the passengers before
that. I assisted in getting out the life-boat. I did
not see the captain then. The boat had no oars or
trowel pins, and she went adrift with two poor fellows
in it. There were no trowels in the long-boat. I made
some trowels for that boat. I remained till the sea
began to break over the boat, and I went to the mizen
rigging and was washed off once, but saved myself. The
captain said the shore was very rocky, and he was
afraid of losing the people, and he thought all would
be well in the morning and, under these circumstances,
I remained perfectly composed.
Cross-examined: The captain did exert
himself for the good of all. I slept in the boat about
an hour. I went on shore in the last boat. I went on
shore in the same boat as the captain. I did not see
the captain in the rigging with a child.

John Houghton, examined by
Serjeant KINGLAKE: I was a passenger on the John. I was
in my berth when the ship struck. I came on deck, and
went below a second time, and then found the ship was
making water. When I again came on deck I asked the
captain where we were, and he replied "on the
Manacles." I said "lower the boats and land
us." He said "my dear man there is no
danger." He also said he did not know the nature
of the coast. I said "send in some men and see for
a landing place," and he replied "there is no
occasion, stay steady till the morning and then you
will be taken off by the land's boats." He
also said "you see that I am not drunk." No
one that I had heard had spoken to him on that matter.
I saw the land quite plain, and there would have been
no difficulty of our landing. I remained on the deck.
The tide at that time was ebbing, and a few hours
afterwards it again began to rise. A portion of the
deck was dry when the tide was receding and another
portion wet. When the tide began to rise the men went
to the rigging, and the women and children to the poop.
About an hour and a half afterwards, I saw the captain
in his cabin. He appeared to be in a very drowsy state.
I did not speak to him. I did not see him any short
time before that about the ship. I assisted in lowering
one boat which afterwards parted her tackle having
slipped. A man named Elder was there.
The witness was not cross-examined by
the counsel for the prosecution.

William Clements, another
passenger, said: I spoke to the captain about lowering
the boats, and he said first that it would be no use,
and that we should be safe on the quarter-deck. I said
"I should not be safe there as the tide would flow
three times as high as that," and he said it
wouldn't. I told him that when I left Torpoint it
was high water at six o'clock in the morning, and
he said it would be high water the next morning at
about three or four o'clock. Between two and three
o'clock the water began to float the poop. About
two hours after she struck, I went to the captain's
cabin and saw him. He was lying on his back, and
appeared to be sleeping; he was snoring. It was in his
berth that he was sleeping. I saw him again afterwards
on the topmast. When he was on the topmast the
poop-deck was full of people, and the sea continually
washed away the people. I saw that the captain had a
coat on.
Cross-examined: The captain held my
child two or three times. I believe that I was not
before the coroner or the Grand Jury. I was examined at
Falmouth. Capt.Wake brought me up. I have not been
bound over to attend. I was requested to do so partly
by Capt.Wake.
Q. What have you to say about Captain
Rawle after his kindness to your child?
A. I don't know, sir. It was very
good of him as far as it goes. There was some water in
the cabin when I saw the captain there. It was up to my
shoes. I did not go there for any particular business.
I saw a young man there and I went to him. I am one of
St.Kew, which is about eight miles from here. I want to
tell the truth, as I believe things were done that were
not right.
Q. Did not Captain Rawle consent to
take you and your family for £2?
A. Not very likely. I paid in all
£26. My own fare was £4, and the captain
consented to take me for half the fare, viz., £2.
Re-examined by Mr.COLERIDGE: I have
no ill-will against the captain, and the only purpose
for which I have come here is to tell the truth. There
was enough water to wet a person's feet in the
cabin when I saw him there. The bed in which the
captain was sleeping was out of the water.

George Wilce said I was a
passenger on board the John. I saw the captain after
the ship struck. He said "Some of the passengers
would say I am drunk, but God d--- am I drunk?"
The next place I saw him was outside the cabin door. I
asked him for a blanket, and something to cover my
sister. He returned me no answer. He was sleeping in
his cabin on a barrel, and he roused from the end of
the barrow where he was sitting, and went into his bed.
I afterwards saw him in the main top. I saw him make no
exertion to get the people into the rigging. At the
time he was in his bed there were opportunities of
getting the passengers into the rigging.
Cross-examined: I was not before the
Grand Jury. Capt.Wake, of the Coast Guard, brought me
here. We were saved by the Coast Guard.
Mr.SLADE asked the witness who was
Capt.Wake? The witness returned no answer.
Captain WAKE, who was behind the
counsel for the prosecution here rose from where he was
sitting and some very personal remarks were made by
Mr.Slade towards him which were interrupted by the
Judge, who requested the learned counsel for the
defence to remember that he was in a court of justice.

Nicholas Reed: I saw the
captain after the John struck, and asked him why he did
not throw out the boats, and he said "do it
yourself." I then assisted with some other persons
to get the life boat out. She had no oars and drifted
away. We endeavoured then to get out the long boat, but
we received instructions not to put it out. We saw the
captain afterwards and the people went around him. He
said they would be safer there than in the boats.
Cross-examined: When the water was
rising I heard the captain give directions for the
people to go to the rigging.

Wm.Hallett, husband of the
deceased, was the next witness examined. I was a
passenger on board the John, with my wife, who was
drowned. I saw her body afterwards at St.Keverne
church. When the vessel struck it was rough, but it got
calm afterwards, and about one o'clock it got rough
again. I did not hear the captain give any orders that
night.

Timothy Carew examined by
Mr.Coleridge. he said, I am a lieutenant in Her
Majesty's navy, and was emigration officer at the
port of Plymouth. It was my duty to inspect the John,
and I did so the day she left Plymouth. I gave her a
certificate to the effect that the provisions of the
act had been complied with. I mustered the crew
previous to her leaving. She was fully manned. She had
four boats - the number required was three. They were
all good boats. I caused the John to be surveyed
previous to her being taken up as a passenger ship.
There were compasses on board - five in all, one of
which was an Azamuth compass. There was one on the deck
and one in the captain's cabin. It is not the duty
of an emigration officer to examine the compasses, but
I satisfied myself that there were some on board in a
casual way.
Cross-examined: I saw a card under a
glass case similar to the one produced. I was
inspecting emigration officer. I gave a certificate
that she had complied with the previous act. I believe
that three of the compasses were stowed away. I believe
that in Her Majesty's service, ships are swung to
adjust the compasses, I have heard it from earsay only.
Captain Lory was recalled, and
was asked by Mr.Slade if Her Majesty's ships were
swung to adjust their compasses? He replied that he
believed they were, but he was never swung in one.

This was the case for the
prosecution.

Mr.SLADE then rose and
addressed the jury on behalf of the prisoner. He said
it now became his duty to address them, and he felt
that more than ordinary responsibility rested upon him
on this occasion. He would have the jury to well
remember that their duty was also responsible, because
if their verdict was adverse to the prisoner he would
in all probability be transported for life as a felon -
a man who was as respectable, and was as much respected
as any one who sat in the Jury box; and, therefore, it
was with no ordinary feeling that he rose to address
them on his behalf, for with them rested all the
prisoner's happiness in this world. He felt
confident that they, in common with himself, were
anxious that the law should be carried out, but he felt
equally certain that notwithstanding every one must
deplore the awful loss of life occasioned by the wreck
of the John, if he had no occasioned their death they
would not feel anxious to punish him.

To the bereaved friends and relatives of the
unfortunate passengers was due the deepest sympathy,
but the Jury should never forget that if in their
judgement they convicted him their verdict would send
him across the seas. He would impress upon them to
banish from their minds all that they might have heard
or read in the newspapers, and confine themselves to
the facts of the case as adduced before them, that day.

Fortunately it did not devolve upon Captain Lory to
prove the case, as he did not possess the greatest
attainments. Captain Lory had given them his opinion of
the matter, but he (Mr.Slade) confessed that it went
very little towards showing that the prisoner was
culpable at all. This was the first time of a captain
being brought forward to answer such a charge; and
because the guys of the ship broke and a large number
of the passengers were drowned through that
circumstance, ought the captain to be put on trial for
manslaughter? He believed that if there had been but
one life lost such a charge would never have been
brought against him, and if such a charge were not
brought because one person only came to his death, why
should there be when 189 persons were drowned? The fact
was it was considered that some one was to blame, and
the cry was "we must have the captain." He
defied any one to say that Captain Rawle neglected any
part of his duty on the trying night in question which
should make him criminally responsible for the loss of
so many lives. Nearly the whole of the crew spoke
highly in favour of him and none were so capable of
judging as they were. When she struck, his words were,
"Fear not; I will stay with you to the last."
That was the true sentiment of a British sailor, and if
he (Mr.Slade) wished to trust his life on a long voyage
there was no one with whom he should feel so
comfortable as with Capt.Rawle. He gave advice to all,
and it would have been well for if they had followed
his advice. When his own time was very near, when his
own death knell was about to toll, they found him
protecting this poor child; and who was the man brought
up by Captain Wake, but the very man whose child
Captain Rawle had protected and saved; and yet Capt.
Wake had not brought up his own Coast guardmen to give
them an account of the matter. He deeply regretted that
Captain Wake should have thought it his duty to rake up
evidence that had not been before the Grand Jury and
the coroner.

Captain Wake rose, and said the
statements were false.
The JUDGE: You are too strong
Mr.Slade.
Mr.SLADE: I withdraw them.
Serjeant KINGLAKE: They are already
made.
The JUDGE was understood to say that
he could reprove Captain Wake.

Mr.SLADE said in continuation, that
he was wrong in saying "raking" up the
evidence, and therefore he would withdraw his remarks.
His learned friend (the serjeant) had laid great stress
on the captain not having put out the boats. His friend
said if the boats had been put out the lives might have
been saved. What an issue on which to found an
accusation for manslaughter. Thousands of lives had
been saved by remaining with the vessel. If they had
gone up into the rigging they might have been saved,
but they stood upon the poop-deck, and the stays which
held the boom breaking, that boom rolled about and
swept them off at twenty and thirty a time into the
sea, and was the captain answerable for that? Would
they have had the captain, in such a situation, with a
rolling sea and surrounded by rocks, magnify the
danger? Would that not have increased the confusion? He
had jumped down in the first boat to see that all was
right, and then, like the brave fellow as he was, he
got on board again, to share the danger with those by
whom he was surrounded. If they were to hold that the
captain of a merchantman placed in such a situation was
afterwards to be tried as a felon, there was an end of
the merchant service, for no one would go to sea with a
rope around his neck. He believed to Captain Lory and
Captain Wake they owed the prosecution. He did not
complain it; for people when they got strong notions in
their heads would carry them out. He would prove the
innocence of Captain Rawle by the witnesses against
him. His friend said that there was only one solution
to this question, and that was that the ship got on the
Manacles rocks by the negligence of the captain. He
(Mr.Slade) thought there were two solutions, and his
theory was as reasonable as Serjeant Kinglake's.
the witness said the captain could not be every
twenty-four hours in every part of the ship at once;
and because this men chose not to carry out his orders,
should he be criminally responsible? He submitted that
if the men did not steer as he told them, Captain Rawle
was not responsible in a criminal court; but he would
not put it upon the men; he would put it upon that
fruitful source of maritime misfortune - if the compass
was not correct it was a guide to mischief. Our
fostering Government would provide it's own agents
to see that all was right, and yet this agent said that
he had nothing to do with the compass. Whether it was
true or false he did not know. He saw two, and he was
told that three were locked up. He hoped that next
session some law would be introduced making it
necessary that the agent should attend to the
compasses. A new-fashioned compass (an Azamuth) had
been put on board at Cardiff, and that had carried
Captain Rawle upon the Manacle Rocks, which was fully
proved by the evidence of Captain Lory, who had drawn
upon the chart the course which the witnesses believe
had been taken. What motive could Captain Rawle have
had for running the vessel ashore? Why, he had lost all
he had. There was no cutting corners; he was attempting
to take the proper course. It was his duty to take
advantage of the ebb tide, which was inshore. The mate
had said that the conduct of Captain Rawle was
judicious. Did the ship get upon the rocks for the want
of skill or negligence on the part of Captain Rawle? If
so, he was guilty; but he contended that, from the
evidence, it was manifest that he had shown skill and
attention, and that if there was any fault at al, it
must have been with the compasses. The learned counsel
then pointed out upon the chart the course that was
pursued, as stated by Captain Lory, according to the
directions of Captain Rawle, and that would have taken
the vessel between two and three miles from the
Manacles. Captain had a theory; he did not blame him
for it, because human nature was weak, and to the day
of his death, while he was taking his gin-and-water
with his friend Captain Wake, he would say, "I
don't mind what the jury up at Bodmin said, I am
still of the opinion Rawle was guilty; don't you
think so, Wake?". And Captain Wake would say
"Yes." It was an absurd theory tried to be
carried out by a still stronger absurdity. Unless they
were prepared to render up their common sense to
Captain Lory, his client was entitled to claim their
verdict. Mr.Slade then proceed to call

Captain Henry Nichols, who
said - I was part owner of the John. I have known the
prisoner seven or eight years, both as chief officer
and captain - the latter about eighteen months. I have
also known him at Quebec as chief officer in our
employ; and his character was as good there as in
England.

Robert William Avery said - I
live at Plymouth, and also was part owner of the John.
I have been connected with shipping about forty years,
and I have known Captain Rawle five or six years. I
believe he has carried out the wishes of the owners in
every respect, in the various positions he has held. As
one of the owners I would have no objection to again
take him into our service.
Cross-examined: We have place
£3500 into the hands of the Board and Trade as
security arising out of the loss of the John.

Christopher Rea, tide surveyor
to the Board of Customs at Plymouth said, "I have
known Capt.Rawle five or six years. I have known him as
chief officer of the Margaret and Ann and of the John.
In my official capacity I have had occasion to go on
board these vessels at various hours; and I have always
seen him attentive to his duties.
The certificate granted by the Board
of Trade to the prisoner was also put in.
This was the case for the defendant.

Mr.Justice Williams then
summed up the case to the jury, and observed that this
was a most important case, and one which required at
their hands the most calm, dispassionate, and
unprejudiced investigation. On the one hand, it was
natural that they should feel very deeply on the
subject of this most deplorable wreck, and the
miserable death of so many of their fellow creatures;
it was natural that they should be anxious that someone
should be punished in order to prevent, if possible, a
reoccurrence of such a melancholy event. On the other
hand, they owed it to the man who sat at the bar
charged with this serious offence to do him no
injustice, and they would do him injustice if they
found a verdict upon any other grounds than a patient
and just view if the evidence. He would entreat them to
dismiss from their minds everything that they had heard
before they came into that box, and to act faithfully
and entirely upon the evidence which had been laid
before them. The prisoner was charged with manslaughter
by culpable neglect and discharge of his duty, causing
the death of Eliza Hallett by the law of this country,
if a man took upon himself an office such as that of
commander of a merchant vessel, for which a certain
quantity of skill, care, and activity was requisite, he
was bound to the ordinary, skilful, careful and active
in the discharge of his duty; and if, by his
unskilfullness, carelessness, negligence or supiness,
he caused the death of a fellow creature, he would be
guilty of manslaughter. If they thought it had been
proved that the ship having become a wreck was
attributable to the neglect of the captain in the
ordinary duty of navigating the ship, or that the loss
of the life of Eliza Hallett was generally to be
attributed to his want of taking proper steps after it
happened hey ought to find him guilty; but they must
bear in mind that it was ordinary skill and ordinary
exertion only that could be required; it was not
because by more than ordinary skill the wreck might
have been avoided, or because by more than ordinary
activity the lives might have been saved, that they
would find the prisoner guilty of this charge. He could
hardly see that after the wreck there was anything that
could be called culpable negligence or want of skill on
the part of the captain to lead to the death of these
unfortunate people. Then it was for them to say whether
the occurrence had arisen through the want of skill in
the captain in navigating the vessel; if the compasses
were incorrect the captain was not responsible for that
circumstance; therefore, if they thought that
incorrectness had led or contributed to the unfortunate
occurrence, the captain would not be guilty of having
caused the death of the deceased. If they had had any
doubt, the captain was entitled to an acquittal.

At seven o'clock the jury retired to consider their
verdict, and after about five minutes deliberation,
returned a verdict of "not guilty".
Signs of approbation were shown when
the jury returned their decision, which was quelled by
the officers of the court. Several friends
congratulated the prisoner previous to leaving the
hall, whilst others heartily shook hand with him.

The above case concluded the
business of the Assize.

NB: Three references are made to Bennett
having taken the helm at some point. He does not,
however, appear on the Crew Agreement, so was
possibly a late replacement.

Interestingly, a further anomaly exists in
respect of Bennett:
In his opening address Serjeant KINGLAKE states
that the sequence of helmsmen was
ELDER/ROWE/BENNETT/VENNING/CURRY.
During his evidence, ROWE states that he gave the
helm up to BENNETT, but VENNING states that he
took over from ROWE and makes no mention of
BENNETT.

One wonders, therefore, if the references to
BENNETT are an error on the part of the court
reporter.